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Arbitration. Reverse Preemption. Second Circuit holds that Article II, Section 3 of the New York Convention—which requires a court to refer parties to arbitration in certain circumstances—is self-executing and thus not reverse pre-empted under the McCarran Ferguson Act by contrary state insurance law.
3131 Veterans Blvd LLC ("3131 Veterans") and Mpire Properties LLC ("Mpire") (collectively "Respondents") purchased properties in Louisiana following…
Arbitration. Arbitrability. Choice of Law. District court holds that insurance policy provisions that create separate contracts between the insured and each of the insurers prevents domestic insurers from compelling arbitration under the New York Convention.
Brothers Petroleum, LLC ("Plaintiff") obtained two surplus line insurance policies (the "Policies") that were insured by Independent Specialty…
Arbitration. Enforceability. Clickwrap Agreements. Class Action Waivers. District court enforces clickwrap arbitration clause in online legal services contract under the FAA and compels arbitration of unauthorized practice of law and New Jersey Consumer Fraud Act claims.
Ryan Erasmus ("Plaintiff") filed a putative class action lawsuit in the Superior Court of New Jersey against LegalZoom.com, Inc. ("Defendant"), an…
Arbitration. Arbitrability. Non-Signatories. District court holds broad arbitration clause is enforceable against non-signatory entities alleged to be alter egos of signatory defendant despite the existence of a conflicting forum-selection clause in a related agreement.
An Australian company, Soar.Earth Ltd. ("Soar"), retained defendant Mark Mahaffie to assist with its planned redomiciling to Delaware and direct…
Foreign Sovereign Immunities Act. Arbitration Exception. Personal Jurisdiction. District court holds that the arbitration exception to the Foreign Sovereign Immunities Act applies where the challenge to jurisdiction focused on the scope of arbitration agreement rather than its existence, and that foreign state could be subject to personal jurisdiction without minimum contacts.
JSC DTEK Krymenergo ("Krymenergo"), a subsidiary of DTEK Energy Group, one of the largest private energy distributors in Ukraine, was a major energy…
Arbitration. Arbitrability. Choice of Law. District court holds that a court, not an arbitrator, should decide whether a non-signatory to an arbitration agreement can compel arbitration, and that state law should be applied to make that determination.
Plaintiffs, individually and on behalf of a putative class, sued Jump Trading, LLC; Jump Crypto Holdings, LLC; and two of Jump Crypto's executives…
Recognition and Enforcement Of Foreign Monetary Judgments And Arbitration Awards In The British Virgin Islands
In the British Virgin Islands (“BVI”), the Reciprocal Enforcement of Judgments Act 1922 (“1922 Act”), along…
Arbitration. Confirmation of Award. Manifest Disregard of the Law. Fifth Circuit affirms arbitration award, holding that manifest disregard of the law was not a viable ground for vacatur under Section 10 of the Federal Arbitration Act. U.S.
United States Trinity Energy Services, L.L.C. ("Trinity Energy") subcontracted with Southeast Directional Drilling, L.L.C. ("Southeast Drilling") for…
RAKIA v Republic of India [2025] EWHC 1553 (Comm): English Court reasserts jurisdictional review power over BIT arbitrations
In RAKIA v Republic of India [2025] EWHC 1553 (Comm), the High Court of England and Wales has overturned a tribunal's ruling declining…
InFrontier AF LP v Rahmani: Pitfalls of Arbitral Institution Change
It is rare that an arbitral institution and its procedural rules are altered through Legislative Decree. Interestingly, this scenario arose in the…
Draft Proposal to Reform French Arbitration Law
Is French arbitration law on the brink of reform? Amid the global wave of arbitration reform across Europe and beyond, France initiated in late 2024…
Sanctionable Actions in Mediation
Every now and then we get a picture of actions in mediation that result in sanctions. Studying such a picture can be helpful to us all—by…
New CIArb Guidelines on the Use of AI in Arbitration
The Chartered Institute of Arbitrators (CIArb) recently published its guidance on the Use of AI in arbitration (2025) (Guidelines). The Guidelines…
Court of Appeal: Optional arbitration clause is a valid arbitration agreement once either party elects to arbitrate
“Even if there be an iota of doubt as to the validity of the arbitration agreement or some traces of ambiguity in a less than clear arbitration…
Setting Aside Arbitral Awards: A High Bar for Procedural Fairness Challenges
On 31 March 2025, the Supreme Court of Queensland delivered its judgment in the matter of Clarke Energy (Australia) Pty Ltd v Power Generation…
When Arbitration Meets Insolvency: Australian Court Reaffirms Doctrine of Unarbitrability in Enforcing an Arbitration Agreement
On 8 October 2020, Elecnor Australia Pty Ltd (Elecnor), a subsidiary of the Spanish power infrastructure builder Elecnor SA, entered into a Joint…
The English Commercial Court Upholds India’s State Immunity in Relation to Enforcement of an Investment Treaty Award
In CC/Devas Mauritius Ltd v The Republic of India, the applicant (CC/Devas) applied to the English Commercial Court for enforcement of an award…
Court-ordered mediation - where are we?
Whilst those of us who practice in the defence of professional negligence claims against solicitors are regular users of mediation, and we can often…
Settlement agreements and adjudications: Can you "smash and grab" payments owed under a settlement agreement?
Court confirms adjudication rights may survive in construction settlement agreements in London Eco Homes Ltd v Raise Now Ealing Ltd [2025] EWHC 1505…
Commercial Disputes Weekly - Issue 252
In a dispute arising out of the Fadhili gas programme project in Saudi Arabia and subcontracts for electrochemical elements of the works, Tecnicas…
谈仲裁员潜在利益冲突风险的管理：律师可以做些什么？（上）
英国大法官休厄特曾言：“正义不仅应当得到实现，而且应当明白无误、确凿无疑地让人看见其被实现。”在仲裁中，输赢不可避免，但仲裁程序是否公正，尤其是裁决是否由公正的仲裁员作出，是一个至关重要的问题。如果仲裁员被怀疑不公正，比方说与当事人之间存在利益关系，那么不仅仲裁员可能被要求回避，其所作出的仲…
Direct and re-direct examination
Formerly, a chapter discussing direct examination in international arbitration would have been seen as devoid of any interest, as direct examination…
ICC, LCIA and HKIAC - Governing Law, Seat Selection, Efficiency
This article examines the latest published data from leading arbitral institutions. The primary focus is on the 2024 statistics released by the…
Cultural considerations in advocacy: United States
In a 2021 publication suggesting tools for effective ‘global communicators’, the authors, two faculty members at New York University School of…
瑞士国际体育仲裁法庭（CAS）开庭分享之一：浅谈庭审准备
汉坤体育法团队近年来在国际足球联合会（Fédération Internationale de Football Association，“FIFA”）及其上诉机构国际体育仲裁法庭（Court of Arbitration for Sport，“CAS”）代表中国足球超级联赛（“中超”）俱乐部全流…
Cultural considerations in advocacy: East meets West
The global rise of arbitration is perhaps most evident in Asia. Home to the two most populous countries in the world, Asia is not only the world’s…
瑞士国际体育仲裁法庭（CAS）开庭分享之一：浅谈庭审准备
汉坤体育法团队近年来在国际足球联合会（Fédération Internationale de Football Association，“FIFA”）及其上诉机构国际体育仲裁法庭…
The role of the expert in advocacy
This is an Insight article, written by a selected contributor as part of GAR's co-published content. Read more on Insight The distinction between an…
Case strategy and preparation for effective advocacy
One cannot underscore enough the importance of effective advocacy on the prospects of success of any international arbitration matter. The skill sets…
Cultural considerations in advocacy: Spanish-speaking Latin America
Latin America has managed to overcome several obstacles in developing and embracing commercial arbitration. In the 1990s, Mexico and other Latin…